AMENDMENTAmendment to Agreement and Plan of Merger • June 26th, 2007 • Digital Music Group, Inc. • Patent owners & lessors • California
THIS AMENDMENT (this “Amendment”) is made and entered into as of June 21, 2007 by and between Digital Music Group, Inc., a Delaware corporation (“Purchaser”), and Tuhin Roy, as representative (the “Member Representative”) of the former members of Digital Rights Agency LLC, a California limited liability company (“DRA”), to amend the terms of the Agreement and Plan of Merger (the “Prior Agreement”) dated as of September 8, 2006, by and among Purchaser, Longtail Acquisition Corp., a California corporation, DRA, and Tuhin Roy and Rapfogel Partners Ltd., a Texas limited partnership. Certain capitalized terms not defined herein shall have the meaning ascribed to them in the Prior Agreement.
